Contract management - MW21
Sample Letter 4E
Notify the Contractor that urgent action will be taken
Mentioned in Clause 4.6
User guidance
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MW21 Clause Commentary on Clause 4.6 is available on the ProcurePoint website. Please
view the Index of construction documents to locate all documents referenced throughout this
text.
Sample text for letter to the Contractor
Below are two options which may apply:

Use Option 1 to notify the Contractor that urgent action will be taken by the Principal if
the Contractor does not take the required action.

Use Option 2 to notify the Contractor that urgent action will be taken by the Principal
because the Contractor is unable or unwilling to take the required action.
Option 1 - giving the Contractor the opportunity to take the required action.
» insert the date
The Contractor,
» insert the name of the Contractor
ABN » insert the Contractor’s ABN
» insert the Contractor’s address
Attention: » insert the name of the Contractor’s nominated representative
» insert the Contract name
Contract No. » insert the Contract No.
Care of people, property and the environment - Urgent action
I refer to our discussions of » insert the time and date of relevant discussions; refer to
Note 3 and amend this paragraph if you have not been able to contact the Contractor
concerning » insert a description of the situation requiring urgent attention.
Under Clause 4 of the General Conditions of Contract, you are responsible for taking
action to resolve this matter.
Accordingly, please take immediate action to » insert details of the urgent action
required.
If you fail to take this urgent action by » insert the timeframe for the Principal’s
intervention; e.g.: 1.00 pm today the Principal will take the action necessary to avoid »
insert the relevant category of harm, e.g. injury, harm to the environment, loss of or
damage to property. This action will be at your cost and, in accordance with Clause
4.6 of the General Conditions of Contract, the costs incurred by the Principal will be
recovered as a debt due from the Contractor to the Principal.
Yours sincerely,
» insert the name of the Authorised Person
Authorised Person
Contract management - MW21
Sample Letter 4E
Option 2: if the Contractor is unable or unwilling to take the required action.
» insert the date
The Contractor,
» insert the name of the Contractor
ABN » insert the Contractor’s ABN
» insert the Contractor’s address
Attention: » insert the name of the Contractor’s representative
» insert the Contract name
Contract No. » insert the Contract No.
Care of people, property and the environment - Urgent action
I refer to our discussions of » insert the time and date of relevant discussions
concerning » insert a description of the situation requiring urgent attention.
Under clause 4 of the General Conditions of Contract, you are responsible for taking
action to resolve this matter.
I confirm your verbal advice that you are unable or unwilling to take action to » insert
details of the urgent action required by » insert the timeframe for action eg: 1.00 pm
today.
Accordingly, the Principal will take the urgent action necessary to avoid » insert the
relevant category of harm, e.g. injury, harm to the environment, loss of or damage to
property. This action will be at your cost and, in accordance with Clause 4.6 of the
General Conditions of Contract, the costs incurred by the Principal will be recovered as
a debt due from the Contractor to the Principal.
Yours sincerely,
» insert the name of the Authorised Person
Authorised Person
Guide Notes
1. This form of notice may be issued in relation to any of the Contractor’s obligations under
Clause 4.
2. This notice should be issued to confirm prior discussions with the Contractor on the
matter requiring urgent action.
3. The Principal should warn the Contractor in writing prior to the Principal taking action on
the Contractor’s behalf. If it has not been possible to contact the Contractor to discuss
the matter, amend the first paragraph in Option 1 to confirm that attempts were made to
make contact with relevant personnel and copy the letter to the Contractor’s senior
personnel.
4. It is important to set a timeframe, but if the Contractor is working at a reasonable rate to
avoid injury or harm, the Principal should not take action under Clause 4.6 merely
because the Contractor is not finished by a certain time.
5. If the Contractor denies responsibility or is unable to take the required action, use Option
2.